(DOWNLOAD) "Brooks v. Kemp" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Brooks v. Kemp
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 16, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
This case was remanded to this court by the Supreme Court of the United States for further consideration in light of Rose v. Clark, 478 U.S. 570, 106 S. Ct. 3101, 92 L. Ed. 2d 460 (1986). In that case the Supreme Court held that a jury instruction in violation of Sandstrom v. Montana, 442 U.S. 510, 61 L. Ed. 2d 39, 99 S. Ct. 2450 (1979), was subject to the harmless error inquiry described in Chapman v. California, 386 U.S. 18, 17 L. Ed. 2d 705, 87 S. Ct. 824 (1967), and its progeny.1 Following the Supreme Court's remand order, we invited and received supplemental briefs from the parties. We conclude that this circuit's harmless error analysis of Sandstrom errors, and the harmless error analysis conducted by the en banc court in its previous opinion in this case, follows the traditional harmless error analysis provided for in Chapman and in Rose v. Clark. For the reasons stated in our previous en banc opinion, we conclude that the Sandstrom error in this case is not harmless beyond a reasonable doubt.
 "Brooks v. Kemp" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free){kind=link}